HSC consults on amendments to COMAH Regulations

The Health and Safety Commission is publishing an online consultative document containing proposals to implement an EC Directive that amends the scope of major accident hazards Directive 96/82/E.

The Health and Safety Commission (HSC) is publishing an online consultative document containing proposals to implement an EC Directive that amends the scope of major accident hazards Directive 96/82/EC (known as the Seveso II Directive).

Seveso II aims to prevent, or limit the consequences of, major accidents for people and environment near establishments that hold or use specific dangerous substances.

It is implemented in Great Britain through the Control of Major Accident Hazards (COMAH) Regulations.

The Amending Directive (2003/105/EC) takes into account recent industrial accidents and the results of research on carcinogens and substances dangerous to the environment carried out on behalf of HSC.

The major accidents which the proposed new Directive takes account of include: a spill of cyanide that entered the Tisza river in Baia Mare, Romania, in 2000 that killed thousands of tonnes of fish after a damburst of a tailings pond at a gold mine; a similar accident two years earlier in Aznacollar, Spain, when a damburst poisoned the environment in a national park; a series of explosions at a fireworks factory in Enschede, Netherlands, in 2000 that killed 20 people, injured almost 1000 more, and caused extensive damage to a large area around the factory; and an explosion involving granular ammonium nitrate at a chemicals complex in 2001 in Toulouse, France, in which 30 people died.

The key features of the amending Directive, and the proposed new Regulations are: * a broadening of scope with respect to mining/quarrying; * a redefinition of ammonium-nitrate to cover lower percentage composition, and new classes covering self-sustaining decomposition and reject material; * new thresholds for potassium nitrate fertilisers; * seven new carcinogens are specified, and threshold limits for all carcinogens are raised; * a new definition of automotive petrol that includes diesel and kerosene, with thresholds that have been halved; * the redefinition of the classes for explosives; * lower qualifying thresholds for substances dangerous for the environment; * a change to the aggregation rule to be applied to all substances classified as toxic, dangerous for the environment, flammable and oxidizing; * administrative provisions for establishments newly covered by the Regulations to have a period of time to comply.

Bill Callaghan, chair of the Health and Safety Commission, says: "This is a balanced proportionate response to recent major incidents in Europe broadening the scope of the Directive and increasing the number of activities subject to this legislation".

HSC is keen to seek views from a wide variety of stakeholders who come within the scope of the proposed Amendment Regulations, including: operators of current COMAH establishments; establishments where dangerous substances are present, which may now become subject to COMAH; employers of other workers (such as sub-contractors) who work at such establishments; local authority emergency planners and emergency services.

Member states are obliged to implement the Amendment Directive by 1 July 2005.

The full text of the Consultation Document can be viewed or downloaded from HSE's website at: www.hse.gov.uk/chemicals/.

Comments on HSC's proposals should be sent to the HSE no later than 1 October 2004.

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